It is recognized that new kinds of uses are appearing daily and that many of these, and some other more conventional uses, possess characteristics of such unique and special nature, relative to location, design, size, method of operation, circulation and public facilities, that each specific use must be considered individually. These specific uses, as they are conditionally permitted under this Zoning Code, shall follow the procedures set forth in this chapter.

(Ord. 92-35. Passed 12-21-92.)

   An application for a conditional use permit shall be filed with the Planning Director by at least one owner or lessee of the property for which such conditional use is proposed. At a minimum, the application shall contain the following information:

   (a)   The name, address and phone number of the applicant;

   (b)   A legal description of the property;

   (c)   A description of the existing use;

   (d)   The present zoning district;

   (e)   A description of the proposed conditional use;

   (f)   A plan, drawn to scale, of the proposed site for the conditional use, showing the location and height of all buildings, parking and loading areas, traffic access and traffic circulation, open space, landscaping, refuse and service areas, utilities, signs, lighting, yards and such other information as the Board may require to determine if the proposed conditional use meets the intent and requirements of this Zoning Code;

   (g)   A narrative statement evaluating the economic effects on adjoining property; the effect of such elements as noise, light, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and compliance of the proposed use with the Comprehensive Plan;

   (h)   A list of the names and mailing addresses of all property owners within 200 feet of the proposed use; and

   (i)   A fee as established by Council.

(Ord. 92-35. Passed 12-21-92.)

   In addition to the requirements for the district in which the proposed use is located, the Planning Board shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that, at the proposed location, such use will:

   (a)   Be harmonious and in accordance with the general objectives, or with any specific objective, of the Comprehensive Plan and/or this Zoning Code;

   (b)   Be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and so as not to change the essential character of the area;

   (c)   Not be hazardous or disturbing to existing or future neighboring uses;

   (d)   Be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewers and schools, or be assured that the person responsible for the establishment of the proposed use is able to adequately provide such services;

   (e)   Not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;

   (f)   Not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any person or property or to the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, light or odors;

   (g)   Have vehicular approaches to the property, which approaches shall be designed so as not to create an interference with traffic on surrounding public streets or roads; and

   (h)   Not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.

(Ord. 92-35. Passed 12-21-92.)

   (EDITOR'S NOTE: Section 1284.04 was repealed by Ordinance 92-35, passed December 21, 1992.)

   In approving a conditional use, the Planning Board may prescribe appropriate conditions and safeguards in conformity with this Zoning Code, including a reasonable time limitation for the implementation of such use, in order to preserve the Comprehensive Plan and to protect the present and future character of the neighborhood. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed violations of this Zoning Code. The penalty shall be as provided in Section 1244.99.

(Ord. 92-35. Passed 12-21-92; Ord. 04-56. Passed 11-1-04.)

(Ord. 92-35. Passed 12-21-92; Ord. 04-56. Passed 11-1-04; Ord. 10-47. Passed 12-6-10.)

(Ord. 12-45. Passed 9-4-12.)

   (a)   A conditional use permit shall be deemed to authorize only one particular conditional use, and such permit shall automatically expire if, for any reason, such conditional use ceases for more than six months.

   (b)   A conditional use permit is transferable to subsequent owners subject to the conditions of the approved site plan and further subject to all conditions stated on the original permit.

(Ord. 92-35. Passed 12-21-92.)

   Any use which does not conform to the terms and conditions set forth in a conditional use permit issued pursuant to this chapter shall be a violation of this Zoning Code. The penalty shall be as provided in Section 1244.99.

(Ord. 92-35. Passed 12-21-92.)